Yonkers Man Charged in Killing, Faces Death Penalty

An alleged gang member from Yonkers known as Smurf was indicted Wednesday on murder charges. Federal prosecutors said he shot dead a rival gang member in July 2011.

Marquis Jacobs has been in federal custody on drug charges since a December 2011 arrest, but on Wednesday, prosecutors unsealed a new indictment accusing Jacobs of the killing, as well as the robbery of a drug dealer in November 2011, who prosecutors say he shot in the stomach near Cliff Street.

Carlos Patricio, 28, of Mount Vernon was shot in the head just after midnight on July 28, 2011, police said then, after several shots were fired at a group of people.

The case had gone publicly unsolved until Wednesday, when Jacobs was charged.

Prosecutors portrayed him as a key player in the Yonkers gang scene that has flourished in the Nodine Hill neighborhood. Prosecutors accuse Jacobs of selling crack, robbing other drug dealers and routinely carrying guns.

He was charged Wednesday with robbery, conspiracy and other charges in a six-count indictment, including one charge — possession, use and discharging of a firearm in furtherance of a crime of violence causing death — that is punishable by the death penalty.

Adam Perlmutter, a lawyer for Jacobs, said that he had just seen a copy of the new indictment but added that Jacobs was innocent and that he intended to plead not guilty.

“We intend to vigorously fight the charges,” Perlmutter said.

Jacobs was arrested Dec. 2, 2011, along with three other men, who have pleaded guilty to drug charges and await sentencing.

“With the additional charges filed against Marquis Jacobs today, we continue the painstaking process of developing evidence against these marauding groups of alleged gang members and holding them to account,” U.S. Attorney Preet Bharara said in a statement.